PROGRESS IN GUARANTEEING ACCESS TO ENVIRONMENTAL INFORMATION: CLAIMS BEFORE PUBLIC BODIES GUARANTEEING THE RIGHT OF ACCESS TO PUBLIC INFORMATION ARE NOW A REALITY

This paper analyzes recent changes in guaranteeing the right of access to environmental information. This right was regulated by Law 27/2006, of 18 July, which referred only to two types of appeal: (1) the general system of administrative appeals (appeals for review) regulated by the administrative procedures legislation and (2) the general system of administrative judicial appeals regulated by the administrative justice legislation. However, the entry into force of Law 19/2013, of 9 December, on Transparency, Access to Public Information and Good Governance (and, in particular, its First Additional Provision) raised a question of interpretation: should claims before the Transparency and Good Governance Council established by Law 19/2013 be applicable to the area of access to environmental information, which has specific regulations? This possibility was rejected from the outset by the Transparency and Good Government Council but admitted by other regional bodies guaranteeing the right of access to public information. However, the Supreme Court interpreted that claims before the Transparency and Good Governance Council (or equivalent regional bodies) can be extended to specific legal regimes on access to information, such as the existing regime on the environment. This decision has forced the Transparency and Good Governance Council and some regional bodies to reassess their previous criteria and admit their competence in processing appeals about access to environmental information.